Andrew Quemere v. Framingham, City of - City Clerk (SPR 20221563)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 19, 2022 SPR22/1563 Paul J. Iversen Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Andrew Quemere appealing the response of the City of Framingham (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 25, 2022, Mr. Quemere requested: [1] All video and audio recordings of the arrest of [a named individual] on or about May 27, 2012 that was the subject of a lawsuit (hereafter referred to as [a named incident]) [2] All police reports and summonses related to [a named incident] [3] All investigative reports about [a named incident] [4] All internal affairs records related to [a named incident] [5] All complaints by [a named individual] (including those not related to [a named incident]) [6] All recordings and transcripts of witness interviews related to [a named incident] [7] All recordings and transcripts of depositions related to [a named incident] [8] All recordings and transcripts of the criminal trial of [a named individual] related to [a named incident] [9] All affidavits and sworn statements related to [a named incident] [10] All responses to interrogatories related to [a named incident] lawsuit [11] All photographs related to [a named incident], including any photos of [a named individual] [12] All booking videos related to the [a named incident.] On May 31, 2022, the City responded. Unsatisfied with the City’s response, Mr. Quemere petitioned this office and this appeal, SPR22/1563, was opened as a result. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Paul J. Iversen SPR22/1563 Page 2 July 19, 2022 The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City’s May 31st Response In its May 31, 2022 response, the City stated, “please find a link to the records responsive to your request.” Current Appeal In his appeal, Mr. Quemere states that “the city of Framingham provided transcripts of a criminal trial. However, one of transcripts was incomplete…. Please order the city to clarify whether it or its outside counsel possesses the full transcript.” Based on the City’s response, in conjunction with Mr. Quemere’s appeal, it is unclear if the City possesses additional records responsive to the original request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that additional records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the City is ordered to provide Mr. Quemere with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations

Paul J. Iversen SPR22/1563 Page 3 July 19, 2022 within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere